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Rajasthan High Court - Jodhpur
Alka Lodha vs State Of Rajasthan (2026:Rj-Jd:9455) on 20 February, 2026
[2026:RJ-JD:9455]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 1449/2026
Alka Lodha W/o Late Shri Narpat Singh Lodha, Aged About 61
Years, Resident Of 902, Mangal Deep Apartment, Jodhpur,
Rajasthan
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. The Regional Passport Officer, Passport Office, Jaipur
----Respondents
For Petitioner(s) : Mr. Saransh Vij with Mr. Prateek Soni
For Respondent(s) : Ms.Pintu Pareek, Central Govt.
Standing Counsel for Passport Office
HON'BLE MR. JUSTICE BALJINDER SINGH SANDHU
Order
20/02/2026
Counsel for the petitioner submits that in the present case,
trial court vide order dated 05.7.2024 had earlier granted
permission for issuance of passport, however, the Passport
Authority now had sent an e-mail that since there is no permission
to go out of India, therefore, she need to submit the same. In
view of the same, the petitioner filed an application before the
learned trial court seeking permission to go out of India.
The learned trial court rejected the application vide order
dated 15.01.2026 stating that no specific date is mentioned in the
application.
Counsel for the petitioner submits that the order dated
15.01.2026 is bad in law as certainly the petitioner would not go
out of India without giving specific dates to the trial court and
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[2026:RJ-JD:9455] (2 of 3) [CRLMP-1449/2026]
since Passport Authority sought permission, her application ought
to have been allowed by the trial court.
Counsel for the respondent-Passport Authorities states that if
due permission is granted by the Court, they have no objection in
issuance of passport to the petitioner for regular term.
This Court has considered the arguments raised, as well as
gone through the order dated 15.01.2026.
Learned trial court has rejected the application of the
petitioner on the ground that no specific place and date has been
given in the application.
The order impugned reflects that the petitioner clearly
mentioned that petitioner's daughter is residing out of India. Her
document placed on record shows that she is residing in Ireland
but, however, without express permission/order of the Court to
depart from India and renewal of passport, the petitioner
necessarily cannot plan her travel.
When daughter of the petitioner is residing outside India, she
certainly needs to prepare her documents and make necessary
travel arrangements and its only thereafter she can proceed with
Visa application, and thereafter the final dates would be clear.
If no dates and particulars were provided, the learned trial
court should have certainly given a direction that whenever the
petitioner would leave India, she would inform trial court
regarding the dates of travel including date of leaving and return,
and could have also imposed any other reasonable condition as it
may deem necessary. Certainly it is difficult to give such details
much in advance.
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[2026:RJ-JD:9455] (3 of 3) [CRLMP-1449/2026]
In view of the same, this Court is inclined to allowed the
misc. petition.
The petitioner is permitted to go abroad to visit her daughter
residing in Ireland. However, before travelling out of India the
petitioner will file appropriate application before the learned trial
court giving all necessary details including her date of departure,
stay period and return to India etc. The learned trial court shall be
at liberty to impose any such condition which it deems just and
proper to ensure presence of the petitioner so that trial of the case
is not hampered.
(BALJINDER SINGH SANDHU),J
15-Sanjay/-
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